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REPORT 


OK    THK 


COMMITTEE  ON  ELECTIONS. 


The  Committee  to  whom  was  referred  a  communication  from  the 
Governor  of  Virginia  in  reference  to  the  vacancy  in  the  delegation 
from  that  State,  occasioned  by  the  resignation  of  A.  G.  Jenkins,  a 
member  of  this  House,  with  other  papers  pertaining  thereto,  have  had 
the  same  under  consideration,  and  ask  leave  to  report: 

By  section  4,  article  1,  of  the  Constitution,  it  is  provided  that,  "the 
times,  place  and  manner  of  holding  elections  for  Senators  and  Repre- 
sentatives shall  be  prescribed  in  each  State  by  the  Legislature  thereof, 
subject  to  the  provisions  of  this  Constitution  ;  but  the  Congress  may, 
at  any  time,  by  law,  make  or  alter  such  regulations  except  as  to  the 
times  and  places  of  choosing  Senators." 

By  the  fourth  clause  of  the  2d  section  of  the  Bame  article,  it  is  de- 
clared that,  u  where  vacancies  happen  in  the  representation  from  any 
State,  the  Executive  authority  thereof  shaJl  issue  writs  of  election  to 
fill  such  vacancies." 

It  .is  obvious  from  these  provisions  that  the  Constitution  contem- 
plates the  enactmeet  by  the  States  of  the  necessary  laws  for  securing 
a  full  representation  in  this  body.  Not  only  is  this  duty  prescribed 
to  their  Legislatures,  but  the  Executive  authority  of  the  States  is  re- 
quired to  be  exercised  in  giving  them  effect  when  vacancies  occur.  It 
has  been  the  prajticc  under  similar  clauses  in  the  Constitution  of  the 
United  States,  to  leave  with  the  several  States  the  duty  of  making 
such  provisions  as  each  may  deem  expedient  for  the  election  of  their 
Representatives.  The  Committee  do  not  deem  it  proper  to  depart 
from  this  usage  and  assume  powers  not  heretofore  exercised  and  not 
required  to  be  exercised  by  an  existing  emergency.  The  power  of 
the  State  of  Virginia  over  the  subject  is  full  and  complete,  and  defects 
in  the  existing  law  may  be  remedied  by  the  approaching  called  session 
of  the  General  Assembly. 


The  Committee  therefore  recommend  no  further  action  in  the  prem- 
ises except  the  adoption  of  the  accompanying  resolutions  : 

Resolved,  That,  in  the  opinion  of  the  House,  ample  power  rests  with 
the  several  States  to  provide  for  securing  a  full  representation,  and 
that  no  legislation  on  the  part  of  Congress  is  necessary. 

Besotted,  That  the  Speaker  communicate  to  the  Governor  of  Vir- 
ginia a  copy  of  the  report  and  of  these  resolutions. 


Richmond,  Va.,  August,  5,  1862. 

Hon.  Thomas  S.  Bocock, 

Speaker  of  t/w  House  of  Representatives : 

Sir  :  I  hereby  notify  your  honorable  body  that  I  have  this  day  sent 
to  the  Governor  of  Virginia  my  resignation  as  a  member  of  the  same. 

ALBERT  G.  JENKINS. 


Executive  Department,  > 

Richmond,  Virginia,  August  18th,  1862.  ) 

Hon.  Thomas  S.  Bocock, 

Speaker  of  the  House  of  Representatives,  C.  S.  A.: 

Hon.  A.  G.  Jenkins  having  resigned  his  membership  in  the  First 
Congress  of  the  permanent  Government  of  the  Confederate  States,  the 
counties  composing. the  district  being  in  possession  of  the  public 
enemy,  and  no  provision  being  made  by  law  for  supplying  the  vacancy 
under  these  circumstances,  I  communicate  the  letter  of  resignation  to 
Congress  for  such  action  as  may  be  deemed  proper. 

Respectfully. 

JOHN  LETCHER, 


Richmond,  Va.,  August  o,  1862. 

Hon.  John  Letcher, 

Governor  of  Virginia  : 

Sir  :  I  hereby  resign  my  seat  as  a  member  of  the  First  Congress 
of  the  permanent  Government  of  the  Confederate  States. 
I  have  the  honor  to  be, 

Very  respectfully,  yours, 

ALBERT  G.  JENKINS. 


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